How to Sue a Business in Small Claims Court in California

Suing a business in California small claims court is straightforward once you clear the one hurdle that trips up most filers: naming and serving the right legal entity. A judgment against the wrong entity can be difficult to enforce, so verify the business's legal name before you file. Here's how to get it right.

Identify the Exact Legal Entity

The business name on a storefront, website, or invoice is often a trade name (DBA), not the legal name you need on your court filing. A judgment against the wrong entity can be difficult to enforce.

Corporations and LLCs: Search the California Secretary of State's bizfile portal (bizfileonline.sos.ca.gov). Enter the business name and look for the exact registered name, entity type, status (active, suspended, dissolved), and the Agent for Service of Process. Use the registered name exactly as it appears.

Sole proprietors using a DBA: Check the county clerk's fictitious business name (FBN) records in the county where the business operates. The FBN filing links the trade name to the individual owner. Name both: "Jane Rodriguez, individually and dba Sunset Landscaping."

Partnerships: Partnerships may file FBN statements. Name the partnership by its legal business name; you may also name individual general partners if you intend to pursue them personally.

A business showing "suspended" or "forfeited" status can still be sued, but generally cannot bring or defend an action while suspended. Check which agency suspended it and why; the reason is not always an unresolved franchise tax issue.

Check the Claim Limit

Individuals can sue for up to $12,500. If you're filing as a business entity (your own LLC or corporation suing another business), your limit drops to $6,250. Sole proprietors filing as individuals get the full $12,500 cap.

Serve the Business Properly

Serving a business is different from serving an individual. For corporations and LLCs, deliver the papers to the designated Agent for Service of Process listed in the Secretary of State records. You can also serve an officer, a managing agent, or a person apparently in charge of the office during business hours.

Don't serve a random employee at the front desk unless that person is "apparently in charge" of the business at that location. The safest route is the registered agent — that's exactly what they're designated for.

Service must happen at least 15 calendar days before the hearing for in-county defendants (20 days for out-of-county). File Form SC-104 with the clerk at least 5 court days before the hearing.

Who Shows Up for the Business at the Hearing?

Attorneys aren't allowed in California small claims court, so the business can't send its lawyer. Instead, a corporation or LLC sends a regular employee, officer, or director — someone who actually knows about the dispute, not someone hired just for the court appearance. That person files Form SC-109 (Authorization to Appear) confirming they're authorized to represent the company.

Sole proprietors show up themselves. If the owner can't attend, a regular employee can appear if the claim involves an account that employee keeps in the regular course of business.

What If the Business Doesn't Show Up?

The judge doesn't grant an automatic default judgment. You still need to present your evidence — the contract, payment records, communications, and documentation of damages. The judge evaluates what you present and rules accordingly. In practice, presenting unopposed evidence usually results in a judgment in your favor, but you still need to prove your case.

The California small claims filing guide includes entity identification checklists, service instructions for different business types, and a deadline calendar to keep your filing on track.

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